safford v redding cornell

Posted on October 8th, 2020

The plenary ban makes sense, and there is no basis to claim that the search was unreasonable owing to some defect or shortcoming of the rule it was aimed at enforcing. Fourth Amendment. We do mean, though, to make it clear that the T. L. O. concern to limit a school search to reasonable scope requires the support of reasonable suspicion of danger or of resort to underwear for hiding evidence of wrongdoing before a search can reasonably make the quantum leap from outer clothes and backpacks to exposure of intimate parts. be, see, e.g., New York City Dept. Pp. See 2 J. Kent, Commentaries on American Law 205 (1873) (“So the power allowed by law to the parent over the person of the child may be delegated to a tutor or instructor, the better to accomplish the purpose of education”); 1 W. Blackstone, Commentaries on the Laws of England 441 (1765) (“He may also delegate part of his parental authority, during his life, to the tutor or schoolmaster of his child; who is then in loco parentis, and has such a portion of the parent committed to his charge, viz. For this reason, school officials retain broad authority to protect students and preserve “order and a proper educational environment” under the Fourth Amendment.

; see also id., at 343, n. 9 (“The promulgation of a rule forbidding specified conduct presumably reflects a judgment on the part of school officials that such conduct is destructive of school order or of a proper educational environment. Marissa denied ownership of the planner and claimed she had no knowledge of its contents. Big Daddy Kane - Set It Off, SAFFORD UNIFIED SCHOOL DISTRICT #1, et al., PETITIONERS v. APRIL REDDING. Justice Ginsburg suggests that requiring Redding to “sit on a chair outside [the assistant principal’s] office for over two hours” and failing to call her parents before conducting the search constitutes an “[a]buse of authority” that “should not be shielded by official immunity.” See ante, at 1–2. The very fact of Savana’s pulling her underwear away from her body in the presence of the two officials who were able to see her necessarily exposed her breasts and pelvic area to some degree, and both subjective and reasonable societal expectations of personal privacy support the treatment of such a search as categorically distinct, requiring distinct elements of justification on the part of school authorities for going beyond a search of outer clothing and belongings. 's reasonable suspicion standard and simply extends that requirement, in the context of a search such as that at issue here, to the place where the contraband may be hidden. “[I]n the early years of public schooling,” courts applied the doctrine of in loco parentis to transfer to teachers the authority of a parent to “ ‘command obedience, to control stubbornness, to quicken diligence, and to reform bad habits.’ ” Morse, supra, at 413–414 (Thomas, J., concurring) (quoting State v. Pendergrass, 19 N. C. 365, 365–366 (1837)). Romero had provided this report to school officials as a result of a meeting his mother scheduled with the officials after Romero “bec[a]me violent” and “sick to his stomach” one night and admitted that “he had taken some pills that he had got[ten] from a classmate.” Id., at 7a–8a, 10a–11a. Blog.

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